5 years ago



Warranties 3. The

Warranties 3. The acceptance of an item of equipment under warranty demands that a purchase document that is legible and without modification, stating vendor's name and address, date and place of purchase, type of equipment and IMEI, are attached to the warranty, and that the information on the equipment identification label is legible and that this label or any other seal has not been tampered with. The warranty applies in normal conditions of use. Prior to sending the equipment for repair, it is the customer's responsibility to backup at his expense the customised data stored in the equipment (phonebook, settings, wallpapers). A list of backup facilities can be provided by SAGEM SA on request. The responsibility of SAGEM SA cannot be invoked if damage occurs to customer files, programs or data. The information or operating elements and the contents of files will not be re-installed in any case in the event of loss. SAGEM SA may decide, at its option, to repair the equipment with new or reconditioned parts, replace the equipment with new equipment or, in any dispute, equipment in good working condition. During its work SAGEM SA reserves the facility to make, where necessary, any technical modifications to the equipment where these modifications doe not adversely affect its initial purpose. Faulty parts to be replaced during a repair under warranty will become the property of SAGEM SA. The equipment repair and standstill time during the warranty period may not lead to an extension of the warranty period as stated in article 1 above, provided no other vital provisions have been agreed. The application of the warranty is subject to the full payment of the sums due for the equipment when the request for support is made. 4. The following are excluded from the warranty: Breakdowns or malfunctions due to non-compliance with the installation and use instructions, to an external cause of the equipment (shock, lightning, fire, vandalism, malice, water damage of any type, contact with various liquids or any harmful agent, unsuitable electric current...), to modifications of the equipment made without the written consent of SAGEM SA, to a servicing fault, as described in the documentation supplied with the equipment, to lack of supervision or care, to poor environmental conditions of the equipment (especially temperature and hygrometry, effects of variations in electric voltage, interference from the mains network or earth) or even due to a repair, a call-out (opening or trying to open the equipment) or to servicing done by personnel not approved by SAGEM SA. 63

Warranties Damage resulting from inadequate packaging and/or poor packing of the equipment sent back to SAGEM SA. Normal wear and tear of equipment and accessories. Communication problems linked with a poor environment, especially: Problems accessing and/or logging onto the Internet, such as breakdowns of the access network, the failure of the subscriber's or his correspondent's line, transmission fault (poor geographic coverage by radio transmitters, interference, disturbance, failure or poor quality of telephone lines...), a fault inherent to the local network (cabling, file server, user terminal) and/or transmission network fault (interference, disturbance, failure or poor quality of the network...). Change of parameters of the cellular network made after the equipment was sold. Supply of new software versions. Current servicing work: delivery of consumables, installation or replacement of these consumables... Call-outs for equipment or software modified or added without the written consent of SAGEM SA. Faults or disruptions resulting from the use of products or accessories not compatible with the equipment. Items of equipment returned to SAGEM SA without having complied with the return procedure specific to the equipment covered by this warranty. The opening or closing of a SIM operator key and call-outs resulting in the non-operation of the equipment resulting from the opening or closing of SIM operator key done without the agreement of the original operator. 5. In the cases of warranty exclusion and of expiry of the warranty period, SAGEM SA shall draw up an estimate to be given to the customer for acceptance before any call-out. The repair and carriage costs (there and back) given in the accepted estimate will be charged to the customer. These provisions are valid unless a special written agreement has been made with the customer. If one of the provisions turns out to infringe a legally essential rule that consumers could have the benefit of under the national legislation, this provision will not be applied, but all other provisions will remain valid. 64

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